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颁布日期:19731102 实施日期:19830330 颁布单位:伦敦 [1. Ratification1 by the Nether2 lands was declared to be effective inrespect of the Netherlands Antilles. 2. Ratification by the United kingdom was declared to be effective inrespect of Bermuda. With effect from May 5. 1981. 3. The Preamble3. Articles and Testimonies4 of the Protocol5 were done bythe International Conference on Marine6 Pollution in London on November 2.1973 For the text of the Final Act of the Conference. see IMCO Publication77. 14E. The Annex7 to the Protocol (see page 22) was adopted by the MarineEnvironment Protection Committee of the Organization by Resolution MEPC. I(II) of November 21. 1974, that Committee having been designated by theAssembly of the Organization as the body referred to in paragraph 2 (a) ofArticle I of the Protocol (Assembly Resolution A 296 (VIII) of November 23(1973)。] The Parties to the present Protocol, Being Parties to the International Convention relating to Interventionon the High Seas in Cases of Oil Pollution Casualties, done at Brussels onNovember 29, 1969. Taking into account the Resolution on International Co-operationConcerning Pollutants9 other than Oil adopted by the International LegalConference on Marine Pollution Damage, 1969. Further taking into account that pursuant to the Resolution, theIntergovernmental Maritime10 Consultative Organization has intensified11 itswork in collaboration12 with all interested international organisations, onall aspects of pollution by substances other than oil, Have agreed as follows: Article I 1. Parties to the present Protocol may take such measures on the highseas as may be necessary to prevent mitigate14 or eliminate grave andimminent danger to their coastline or related interests from pollution orthreat of pollution by substances other than oil following upon a maritimecasualty or acts related to such a casualty, which may reasonably beexpected to result in major harmful consequences. 2. “Substances other than oil” as referred to in paragraph 1 shall be: (a) those substances enumerated15 in a list which shall beestablished by an appropriate body designated by the Organization andwhich shall be annexed16 to the present Protocol, and (b) those other substances which are liable to create hazards tohuman health, to harm living resources and marine life. to damageamenities or to interfere17 with other legitimate18 uses of the sea. 3. Whenever an intervening Party takes action with regard to asubstance referred to in paragraph 2 (b) above that Party shall have theburden of establishing that the substance, under the circumstancespresent at the time of the intervention8. could reasonably pose a grave andimminent danger analogous19 to that posed by any of the substancesenumerated in the list referred to in paragraph 2 (a) above. Article II 1. The provisions of paragraph 2 of Article I and of Articles II toVIII of the Convention Relating to Intervention on the High Seas in Casesof Oil Pollution Casualties, 1969, and the Annex thereto as they relate tooil, shall be applicable with regard to the substances referred to inArticle I of the present Protocol. 2. For the purpose of the present Protocol the list of expertsreferred to in Articles III (c) and IV of the Convention shall be extendedto include experts qualified20 to give advice in relation to substancesother than oil. Nominations21 to the list may be made by Member States ofthe Organization and by Parties to the present Protocol. Article III 1. The list referred to in paragraph 2 (a) of Article I shall bemaintained by the appropriate body designated by the Organization. 2. Any amendment22 to the list proposed by a Party to the presentProtocol shall be submitted to the Organization and circulated by it toall Members of the Organization and all Parties to the present Protocol atleast three months prior to its consideration by the appropriate body. 3. Parties to the present Protocol whether or not Members of theOrganization shall be entitled to participate in the proceedings23 of theappropriate body. 4. Amendments24 shall be adopted by a two-thirds majority of only theParties to the present Protocol present and voting. 5. If adopted in accordance with paragraph 4 above, the amendmentshall be communicated by the Organization to all Parties to the presentProtocol for acceptance. 6. The amendment shall be deemed to have been accepted at the end of aperiod of six months after it has been communicated, unless within thatperiod an objection to the amendment has been communicated to theOrganization by not less than one-third of the Parties to the presentProtocol. 7. An amendment deemed to have been accepted in accordance withparagraph 6 above shall enter into force three months after its acceptancefor all Parties to the present Protocol, with the exception of thosewhich before that date have made a declaration of non-acceptance of thesaid amendment. Article IV 1. The present Protocol shall be open for signature by the Stateswhich have signed the Convention referred to in Article II or accededthereto, and by any State invited to be represented at the InternationalConference on Marine Pollution 1973. The Protocol shall remain open forsignature from January 15, 1974 until December 31, 1974 at theHeadquarters of the Organization. 2. Subject to paragraph 4 of this Article, the present Protocol shallbe subject to ratification. acceptance or approval by the States whichhave signed it. 3. Subject to paragraph 4, this Protocol shall be open for accessionby States which did not sign it. 4. The present Protocol may be ratified26, accepted, approved or accededto only by States which have ratified, accepted approved or acceded25 to theConvention referred to in Article II. Article V 1. Ratification, acceptance, approval or accession shall be effectedby the deposit of a formal instrument to that effect with theSecretary-General of the Organization. 2. Any instrument of ratification, acceptance, approval or accessiondeposited after the entry into force of an amendment to the presentProtocol with respect to all existing Parties or after the completion ofall measures required for the entry into force of the amendment withrespect to all existing Parties shall be deemed to apply to the Protocolas modified by the amendment. Article VI 1. the present Protocol shall enter into force on the ninetieth dayfollowing the date on which fifteen States have deposited instruments ofratification, acceptance, approval or accession with the Secretary-Generalof the Organization, provided however that the present Protocol shall notenter into force before the Convention referred to in Article II hasentered into force. 2. For each State which subsequently ratifies27, accepts, approves oraccedes to it, the present Protocol shall enter into force on theninetieth day after the deposit by such State of the appropriateinstrument. Article VII 1. The Present Protocol may be denounced by any Party at any timeafter the date on which the Protocol enters into force for that Party. 2. Denunciation shall be effected by the deposit of an instrument tothat effect with the Secretary-General of the Organization. 3. Denunciation shall take effect one year, or such longer period asmay be specified28 in the instrument of denunciation after its deposit withthe Secretary-General of the Organization. 4. Denunciation of the Convention referred to in Article II by a Partyshall be deemed to be a denunciation of the present Protocol by thatParty, Such denunciation shall take effect on the same day as thedenunciation of the Convention takes effect in accordance with paragraph 3of Article XIII of that convention. Article VIII 1. A conference for the purpose of revising or amending29 the presentProtocol may be convened31 by the Organisation13. 2. The Organization shall convene30 a conference of Parties to thepresent Protocol for the purpose of revising or amending it at the requestof not less than one-third of the Parties. Article IX 1. The present Protocol shall be deposited with the Secretary-Generalof the Organization. 2. The Secretary-General of the Organization shall: (a) inform all States which have signed the present Protocol oracceded thereto of: (i) each new signature or deposit of an instrument togetherwith the date thereof; (ii) the date of entry into force of the present Protocol; (iii) the deposit of any instrument of denunciation of thepresent Protocol together with the date on which the denunciation takeseffect; (iv) any amendments to the present Protocol or its Annex andany objection or declaration of non-acceptance of the said amendment; (b) transmit certified32 true copies of the present Protocol to allStates which have signed the present Protocol or acceded thereto. Article X As soon as the present Protocol enters into force, a certified truecopy thereof shall be transmitted by the Secretary-General of theOrganization to the Secretarial of the United Nations for registration33 andpublication in accordance with Article 102 of the Charter of the UnitedNations. Article XI The present Protocol is established in a single original in theEnglish, French, Russian and Spanish languages, all four texts beingequally authentic34. In witness whereof the undersigned being duly authorized35 for thatpurpose have signed the present Protocol. [ Signatures omitted.] Done at London this second day of November one thousand nine hundredand seventy-three. ANNEX: LIST OF SUBSTANCES ESTABLISHED BY THE MARINE ENVIRONMENTPROTECTION COMMITTEE OF THE ORGANIZATION IN ACCORDANCE WITH PARAGRAPH 2(a) OF ARTICLE I 1. Oil (when carried in bulk) Asphalt Solutions Blending stocks Oil Clarified Mixtures containing Crude Oil Road Oil Aromatic38 Oil (excluding vegetable oil) Blending Stocks Mineral Oil Penetrating39 Oil Spindle Oil Turbine Oil Distillates Straight Run Flashed Feed stocks Gas oil Cracked Gasoline Blending Stocks Alkylated-fuel Reformates Polymer-fuel Gasoline Casinghead (natural) Automotive Aviation Straight Run Jet fuels JP-3 JP-4 JP-5 (Kerosene, heavy) Turbo Fuel Mineral Spirit Naphtha Heartcut Distillate Oil 2. Noxious43 Substances Acetic44 anhydride Acetone Acetone cyanohydrin Acrolein Acrylonitrile Aldrin Allyl isothiocyanate Aluminium45 phosphide Ammonia (28% aqueous) Ammonium phosphate Amyl mercaptan Aniline Aniline hydrochloride Antimony compounds Arsenic46 compounds Atrazine Azinphos methyl (Guthion) Barium azide Barium cyanide Barium oxide47 Benzene Benzenehexachloride isomers (Lindane) Benzidine Beryllium powder Bromine Bromobenzyl cyanide n-Butyl acrylate Butyric acid Cacodylic acid Cadmium compounds Carbaryl (Sevin) Carbon disulphide Carbontetrachloride Chlorodane Chloroacetone Chloroacetophenone Chlorodinitrobenzene Chloroform Chlorohydrins (crude) Chloropicrin Chromic acid (Chromium trioxide) Cocculus (solid) Copper48 compounds Cresols Cupriethylene diamine Cyanide compounds Cyanogen bromide Cyanogen chloride DDT Dichloroanilines Dichlorobenzenes Dieldrin Dimethoate (Cygon) Dimethyl amine (40% aqueous) Dinitroanilines 4, 6-Dinitroorthocresol Dinitrophenols Endosulphan (Thiodan) Endrin Epichlorohydrin Ethyl bromoacetate Ethylene chlorohydrin (2-Chloro-ethanol) Ethylene dichloride Ethyl parathion Fentin acetate (dry) Fluosilicic acid Heptachlor Hexachlorobenzene Hexaethyl tetraphosphate Hydrocyanic acid Hydrofluoric acid (40% aqueous) Isoprene Lead compounds Lindane (Gammexane, BHC) Malathion Mercuric compounds Methyl alcohol Methylene chloride Molasses Naphthalene (molten) Naphthylthiourea Nitric acid (90%) Oleum Parathion Paraquat Phenol Phosphoric acid Phosphorus (elemental) Polyhalogenated biphenyls Sodium49 pentachlorophenate (solution) Styrene monomer Toluene Toluene diisocyanate Toxaphene Tritolyl phosphate (Tricresyl phosphate) 2, 4, 5-T 3. Liquefied Gases (when carried in bulk) Acetaldehyde Anhydrous Ammonia Butadiene Butane Butane/Propane Mixtures Butylenes Chlorine Dimethylamine Ethyl Chloride Ethane Ethylene Ethylene Oxide Methane50 (LNG) Methyl Acetylene Propadiene mixture Methyl Bromide Methyl Chloride Propane Propylene Vinyl Chloride Monomer Anhydrous Hydrogen Chloride Anhydrous Hydrogen Fluoride Sulphur Dioxide 4. Radioactive Substances Radioactive substances, including, but not limited to, elements andcompounds the isotopes51 of which are subject to the requirements of Section835 of the Regulations for the Safe Transport of Radioactive Materials,1973 Revised Edition. published by the International Atomic Energy Agency,and which may be found to be stored or transported as substances and/ormaterials in Type A packages, Type B packages, as fissile materials ormaterials transported under special arrangements, such as |-------------------------------------| 点击收听单词发音
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